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Do you have a valid H-1B or F-1 visa? Avoid travelling outside the United States. This is what immigration attorneys in the US are advising. The warning comes as the Trump administration prepares to impose travel restrictions on citizens from 43 countries, including Afghanistan, Bhutan, and Pakistan. While India is not on any proposed travel ban list, attorneys say travellers are facing delays in visa stamping, tighter security checks, and even detention at US airports.
Kripa Upadhyay, a Seattle-based immigration attorney, wrote in a post on US-based law firm Buchalter's portal, "Foreign nationals (especially those needing renewal of H-1B or F-1 visa stamps) really need to think twice about leaving the US right now."
The US Department of State recently changed eligibility requirements for interview waiver or "dropbox" appointments. Previously, anyone issued a non-immigrant visa (except B visitor visas) could apply for a waiver if their visa expired within 48 months. Now, dropbox eligibility is limited to applicants renewing the same category of visa that expired within the last 12 months.
Upadhyay explained that international students with an F-1 visa who now require an H-1B visa must wait for a regular interview slot. Similarly, an H-1B visa holder whose previous visa expired more than 12 months ago is not eligible for dropbox and must also wait for an interview.
Increased consular scrutiny and visa processing delays
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US-based law firm Nachman Phulwani Zimovcak (NPZ) on March 14, cautioned employers and employees to be aware of the risks associated with traveling abroad, including longer visa processing times, possible consular denials, and increased scrutiny at ports of entry.
The current administration has reinstated stricter consular review policies, meaning consular officers are not required to honour prior USCIS approvals. This could result in visa denials or extended processing times, even for applicants with previously approved petitions.
Key consular changes, as explained by law firm NPZ are:
Elimination of automatic visa revalidation (Dropbox rule): Only those renewing a visa in the same category within 12 months of expiration are eligible.
For instance, a visa holder switching from F-1 to H-1B must attend an in-person interview rather than using the dropbox process.
For instance, an H-1B extension where the previous visa expired over 12 months ago requires a consular interview.
Longer visa appointment wait times: Backlogs at US consulates mean applicants should schedule appointments at least 4-6 months in advance.
Increased risk of administrative processing: Applicants placed in 221(G) administrative processing could face months-long delays with no guaranteed completion timeline.
Consular refusals and return to USCIS: Even after USCIS petition approval, a consular officer can refuse the visa and return the petition to USCIS for re-adjudication, potentially causing further delays or revocation.
Travel restrictions
Employees on US work visas (H-1B, L-1, O-1, etc.) should be aware that extended stays outside the US could affect their employment eligibility, according to NPZ.
Employer considerations:
Immigration compliance issues: Some visas require individuals to work at a US-based location. Extended time abroad may impact nonimmigrant status.
Tax implications: Working remotely from another country could create tax liabilities for both employee and employer, depending on local laws.
Unforeseen travel delays: If a visa holder is unable to return due to travel restrictions or consular backlogs, employers must have contingency plans for their work authorisation status.
Employers should establish clear policies regarding remote work from outside the US and prepare for the possibility that employees may not return on schedule.
Recommendations for visa holders planning travel
Visa holders should take precautions before departing the US to avoid travel disruptions and unexpected immigration issues, according to Upadhyay.
Before travelling internationally:
Consult your employer and immigration attorney: Employees should notify HR or legal counsel well in advance of travel plans.
Check visa appointment availability: Those needing visa stamping should book appointments at least 4-6 months before departure.
Prepare for in-person visa interviews: Processing times are longer, even for renewals, as dropbox eligibility is now restricted.
Carry all required travel documents: Visa holders should travel with:
< A valid visa stamp (if required for re-entry).
< Approval notice (Form I-797) for work visa holders.
< An employment verification letter confirming continued work authorisation.
< Recent pay stubs and tax records to prove ties to the US.
Backup travel plan: If a visa is delayed or placed in administrative processing, alternative work arrangements should be considered.
After returning to the US, NPZ suggests:
Be prepared for increased CBP scrutiny: Customs and Border Protection (CBP) officers may question visa holders about:
< Employment status and work location.
< Length of stay outside the US.
< Travel history and future plans.
Having proper documentation and a clear explanation of travel reasons can help facilitate re-entry.
Potential delays in H-1B and other work visa processing
Visa holders should not expect expedited processing when applying for work visa approvals, extensions, or transfers.
Key processing challenges:
Premium processing suspensions: USCIS occasionally halts premium processing, delaying adjudications.
Increased RFEs on work visa petitions: Requests for Evidence (RFEs) may require additional documentation, prolonging the process.
H-1B extensions and transfers may take longer: Employers should file work visa extensions as early as possible to avoid employment gaps.
India remains the largest source of international students in the US, with 331,602 Indian students enrolled in 2023-2024, according to the latest Open Doors Report on International Educational Exchange.
Between October 2022 and September 2023, Indian nationals received 72.3% of all H-1B visas, according to USCIS.
Increased scrutiny for green card holders
Green card holders are also facing heightened scrutiny. Immigration attorneys report more cases where green card holders, including Indians, are being subjected to secondary inspection and even overnight detention by CBP officers. Some are being pressured to voluntarily surrender their green cards.
Elderly Indians who stay in the US with their children but spend months in India are particularly vulnerable.
"As a practical matter, anyone returning to the US on a Green Card should consider their travel plans very carefully. Be in close touch with family members, so that you do not simply disappear into the American law enforcement system. If you legally hold your Green Card and have done nothing wrong, it’s difficult to see why one would give up such a hard-earned right, especially under unfair pressure," Russell A Stamets, Partner at Circle of Counsels said in response to a query from Business Standard.
He added, "No one can make future plans with any certainty based on the current situation. However, given the good relations between India and the United States I would expect that Indian authorities would be in touch with their American counterparts to make certain that Indian travellers are treated with dignity and given their full legal rights."
